CHATURVEDI, BEG
SM. SUBHANA – Appellant
Versus
STATE THROUGH HASHMAT ALI – Respondent
Chaturvedi, J.
[1] Srimati Subhana has come up in revision against her conviction under Section 448, Penal Code by the Special Magistrate of Lucknow. She was sentenced to pay a fine of Rs. 20/- and in default she was directed to undergo rigorous imprisonment for one month. She went in appeal before the Assistant Sessions Judge, who maintained the order of the Magistrate. She has now come up in revision on the ground that her conviction under Section 448, I. P. C. was illegal.
[2] The facts of the case lie within a narrow compass. Hashmat Ali complainant filed a salt for ejectment against Munna Lal, son of the applicant. The suit was decreed and ultimately the possession of the portion of the house was delivered to Hashmat Ali on 3-2-1950 by the Civil Court. Hashmat Ali then put his lock on that portion of the house. A few days later when Hash-mat Ali went to realise rent from some other tenant, he found the accused in possession of the house after breaking open the lock which had been put by the complainant. Hashmat Ali at first tried to secure the help of the police to put him in possession of the house again. Ultimately, he filed a complaint about six months after the occu
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